Cops: Smashing windows to save hot dogs isn't cool

Faced with a decision to perhaps save a dog, some folks would go so far as to break the law.

Webster's animal control officer said this summer, she's come close herself and in the right situation, she wouldn't hesitate.

Michelle Lafleche said she responded to plenty of calls for dogs left in hot cars this summer and on more than one occasion she's considered smashing a car window to rescue an overheated dog.

"Nobody wants people to do it," she said. "But in extreme cases, you have to."

In Spencer, police respond to reports of dogs in hot cars whenever there's a call.

Chief David B. Darrin said he doesn't recommend breaking windows and warned that doing so could lead to charges.

"You could be charged with malicious destruction of property," he said.

He also acknowledged that a pet owner whose dog is left inside a car could face animal cruelty charges.

Chief Darrin said police usually ask a store manager to use the paging system to call the car owner if the dog is not in imminent danger. They also consult with animal control on whether cruelty or other charges are warranted.

This year, Ms. Lafleche said, during the heat wave she answered more calls for dogs in cars than usual. Sometimes the windows were left open a few inches but not enough to provide adequate ventilation in temperatures more than 70 degrees.

"People don't understand," she said, adding that she's posted information on the department's Facebook page about dogs, heatstroke and the sometimes deadly consequences of leaving a pet in the car. Even with cooler temperatures, cars parked in the sun can become too hot for pets to survive for very long.

The owner of two golden retrievers was charged by Webster police, she said.

While cases in Central Massachusetts don't seem to have resulted in any window smashing by would-be good Samaritans, defense attorneys asked about defending such a case were doubtful the district attorney would prosecute.

"No ADA (assistant district attorney) in their right mind would prosecute that," said Terri D. Leary of Leary Legal Services in Worcester.

And if she were defending a person who'd saved a dog by breaking into a car, she would try to convince a prosecutor that her client shouldn't even pay restitution and certainly shouldn't have the charge on their record.

Lawyers said the state's Good Samaritan Law would not likely apply to saving the life of a pet, but Roger Banks who practices in Spencer, said he'd use a "necessity defense."

"That's when breaking the law is the lesser of two evils," he said.

Mr. Banks agreed that such a case would likely not move far in the legal system.

"I don't think a reasonable DA would even prosecute it," he said.

But police worried that advocating smashing a window might give carte blanche to would-be thieves who make off with other items and claim they'd broken in to preserve a pet's well-being.

Michael J. Reno, a Worcester lawyer, said if, during such a case the attorney can prove his client wasn't being malicious and that the true reason for their actions was to save the dog, the court would probably be lenient.

Leicester Police Chief James Hurley said his officers respond to calls for dogs in cars at the local Wal-Mart and they have, he believes, used a lock-out kit to get into a vehicle with a struggling dog inside.

He said he wouldn't hypothesize about whether he'd charge a window-smasher.

"That's a tough question," he said. "But we don't advise people to smash windows"

In most cases, Leicester police respond quickly to such calls, though the department is busy and requests for help have to be prioritized.

"We're very expeditious," he said, adding that the calls this summer have, fortunately, not turned deadly.

Ms. Lafleche said not only does the heat pose a risk, dogs have been stolen from cars, freed themselves through windows and occasionally put a running car in gear when the owner decided to lock the doors and leave the air conditioner on.

"Unless you're going to the vet, the safest things is always to leave the dog at home," she said.

Sometimes the response of the victim of a broken window is thankful to return to their car and find police who have rescued a dog. They lose track of time or get delayed and forget about their pet.

Last summer an Albuquerque woman waited 40 minutes after she spotted a dog inside a car and called for help. When the dog collapsed onto the front seat, Babble.com reported, she went to her car, grabbed a club and broke the window.

When the dog owner returned from a medical appointment with her elderly mother, she thanked the woman who'd smashed her window and declined a police officer's offer to press charges.